PROPOSED RULES
INSURANCE APPEALS
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-12-061.
Title of Rule: Chapter 263-12 WAC, Practice and procedure before the Board of Industrial Insurance Appeals.
Purpose: The rule reflects the regulation of the use of interpreters in proceedings before the Board of Industrial Insurance Appeals and the responsibility for payment of the services.
Statutory Authority for Adoption: RCW 51.52.020.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David E. Threedy, 2430 Chandler Court S.W., Olympia, WA, (360) 753-9646.
Name of Proponent: Board of Industrial Insurance Appeals, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: To provide impaired person(s) as defined by chapter 2.42 RCW or non-English speaking person(s) with an interpreter before the Board of Industrial Insurance Appeals.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. This rule relates only to agency hearings.
Hearing Location: Board of Industrial Insurance Appeals, 2430 Chandler Court S.W., Main Conference Room, Olympia, WA, on October 10, 2000, at 9:30 - 11:30.
Assistance for Persons with Disabilities: Contact Dee Mathews by September 30, 2000.
Submit Written Comments to: David E. Threedy, P.O. Box 42401, Olympia, WA 98504-2401, fax (360) 586-5611, by October 9, 2000.
Date of Intended Adoption: November 7, 2000.
August 22, 2000
David E. Threedy
Executive Secretary
(1) When an impaired person as defined in chapter 2.42 RCW or a non-English-speaking person as defined in chapter 2.43 RCW is a party or witness in a hearing before the board of industrial insurance appeals, the industrial appeals judge may appoint an interpreter to assist the party or witness throughout the proceeding. Appointment, qualifications, waiver, compensation, visual recording, and ethical standards of interpreters in adjudicative proceedings are governed by the provisions of chapters 2.42 and 2.43 RCW.
(2) The industrial appeals judge shall make a preliminary determination that an interpreter is able to accurately interpret all communication to and from the impaired or non-English-speaking person and that the interpreter is impartial. The interpreter's ability to accurately interpret all communications shall be based upon either (a) certification by the Office of the Administrator of the Courts, or (b) the interpreter's education, certifications, experience, and the interpreter's understanding of the basic vocabulary and procedure involved in the proceeding. The parties or their representatives may question the interpreter as to his or her qualifications or impartiality.
(3) An interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets when the communication is privileged by law. When a case is still pending in which an interpreter provided services, the interpreter shall not be examined as to any information the interpreter obtained, without the written consent of the parties to the communication.
(4) The board of industrial insurance appeals will pay interpreter fees and expenses when the industrial appeals judge has determined the need for interpretive services as set forth in subsection 1. When a party or person for which interpretive services were requested fails to appear at the proceeding, the requesting party or the party's representative may be required to bear the expense of providing the interpreter.
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